State v. Stergion’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where a previous judgment of acquittal was based on a general verdict ... this approach requires a court to “examine the record of a prior proceeding, taking into account the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration.””

   1 later decision quote this exact passage
   e.g. State v. Butler

2. “The lesser offense must be composed solely of some but not all elements of the greater crime. The lesser crime must not require any additional element which is not needed to constitute the greater crime. (Emphasis added).”

   1 later decision quote this exact passage
   e.g. State v. Holmes

3. “Defendant never offered the “pleadings, evidence or charge” in the manslaughter trial for the court’s examination. He merely appended to his dismissal motion several of the jury instructions from the prior proceeding.”

   1 later decision quote this exact passage
   e.g. State v. Jones